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13B.140 Judicial review of final order.
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All final orders of an agency shall be subject to judicial review in accordance
with the provisions of this chapter. A party shall institute an appeal by filing a
petition in the Circuit Court of venue, as provided in the agency's enabling
statutes, within thirty (30) days after the final order of the agency is mailed or
delivered by personal service. If venue for appeal is not stated in the enabling
statutes, a party may appeal to Franklin Circuit Court or the Circuit Court of the
county in which the appealing party resides or operates a place of business.
Copies of the petition shall be served by the petitioner upon the agency and all
parties of record. The petition shall include the names and addresses of all
parties to the proceeding and the agency involved, and a statement of the
grounds on which the review is requested. The petition shall be accompanied
by a copy of the final order.
A party may file a petition for judicial review only after the party has exhausted
all administrative remedies available within the agency whose action is being
challenged, and within any other agency authorized to exercise administrative
review.
Within twenty (20) days after the service of the petition, or within further time
allowed by the court, the agency shall transmit to the reviewing court the
original or a certified copy of the official record of the proceeding under review.
By stipulation of all parties to the review proceedings, the record may be
shortened. The court may require or permit subsequent correction or additions
to the official record. If the court requests a transcript of proceedings that have
not been transcribed, the cost of the transcription shall be paid by the party
initiating the appeal, unless otherwise agreed to by all parties.
A petition for judicial review shall not automatically stay a final order pending
the outcome of the review, unless:
(a) An automatic stay is provided by statute upon appeal or at any point in
the administrative proceedings;
(b) A stay is permitted by the agency and granted upon request; or
(c) A stay is ordered by the Circuit Court of jurisdiction upon petition.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 13, effective July 15, 1996. -Created 1994 Ky. Acts ch. 382, sec. 14, effective July 15, 1996.
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